ADVOCATEMMMOHAN: Eviction Suit – Second Appeal – Disposal on Undertaking In a second appeal arising out of a decree for eviction, arrears of rent and damages, where the appellant/tenant files an affidavit undertaking to vacate the premises within a specified period and not to create third party interests or cause damage, the High Court can dispose of the appeal in terms of such undertaking while granting time to vacate. (Paras 3, 4, 5)

Tuesday, April 21, 2026

Eviction Suit – Second Appeal – Disposal on Undertaking In a second appeal arising out of a decree for eviction, arrears of rent and damages, where the appellant/tenant files an affidavit undertaking to vacate the premises within a specified period and not to create third party interests or cause damage, the High Court can dispose of the appeal in terms of such undertaking while granting time to vacate. (Paras 3, 4, 5)

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Eviction Suit – Second Appeal – Disposal on Undertaking

In a second appeal arising out of a decree for eviction, arrears of rent and damages, where the appellant/tenant files an affidavit undertaking to vacate the premises within a specified period and not to create third party interests or cause damage, the High Court can dispose of the appeal in terms of such undertaking while granting time to vacate. (Paras 3, 4, 5)

Undertaking – Binding Nature – Conditions Imposed

An undertaking given before the Court binds the appellant to vacate the premises within the stipulated time without seeking extension, and to refrain from inducting third parties, creating encumbrances, sub-letting, or causing damage to the property. Such undertaking forms the basis for granting limited protection of possession. (Para 4)

Grant of Time – Conditional Possession

The appellant was permitted to remain in peaceful possession of the suit schedule premises for a period of six months from the specified date, subject to compliance with the undertaking to vacate and hand over possession within that period. (Para 5)

Liability to Pay Rent

Even during the period granted for vacating the premises, the appellant is liable to pay rent for such period as well as arrears for the earlier period of occupation at the rate fixed by the Court. (Para 6)

Second Appeal – Disposal without Adjudication on Substantial Question of Law

The second appeal was dismissed in terms of the undertaking given by the appellant, without adjudication on any substantial question of law. (Para 5)

Result

Second Appeal dismissed in terms of undertaking. No order as to costs. Pending miscellaneous applications, if any, stand closed. (Para 7)

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